28CGeneral provisions applying to proceeds assessment and unexplained wealth orders

28C General provisions applying to proceeds assessment and unexplained wealth orders

28C General provisions applying to proceeds assessment and unexplained wealth orders

(1) In assessing the amount payable under an unexplained wealth order, the Supreme Court must deduct the following (but only if those amounts would otherwise be included in the assessment of the amount payable under the order)—

(a) the value of any interests in property of the defendant forfeited under another confiscation order under this Act or an interstate assets forfeiture order,

(b) any amounts paid or payable by the defendant under any previous proceeds assessment order or unexplained wealth order under this Act or any interstate proceeds assessment or unexplained wealth order,

(c) the value of any interests in property of the defendant forfeited under a confiscation order or interstate forfeiture order within the meaning of the Confiscation of Proceeds of Crime Act 1989 or under Part 2, Division 1A of that Act,

(d) any amounts paid or payable by the defendant under any drug proceeds order, pecuniary penalty order or interstate pecuniary penalty order within the meaning of the Confiscation of Proceeds of Crime Act 1989.

(1A) In assessing the amount payable under an unexplained wealth order, the Supreme Court may, if the Supreme Court considers it necessary, deduct from the amount assessed under section 28B the reasonable necessities of life of—

(a) the person subject to the order, and

(b) the person’s dependants, if any.

(2) The Supreme Court may not make a proceeds assessment order or unexplained wealth order in an application that relates wholly to external serious crime related activity, unless it is satisfied that no action has been taken under a law of the Commonwealth or any other place outside this State (including outside Australia) in relation to the proceeds of the external serious crime related activity.

(3) For the purposes of subsection (2), an affidavit by an authorised officer that includes a statement that the officer has made due inquiry and is satisfied that no action has been taken under a law of the Commonwealth or any place outside this State (including outside Australia) against any interests in property in relation to the proceeds of the external serious crime related activity is proof, in the absence of evidence to the contrary, of the matters contained in the affidavit.